Navigating Citizenship Application Refusals in Canada

Understanding Your Options

When facing a refusal of their citizenship application in Canada, applicants are not left without recourse. The process allows for two distinct paths to be pursued, each with its own considerations and implications.

Option 1: Reapply for Canadian Citizenship

Should an applicant’s citizenship application be denied by Immigration, Refugees and Citizenship Canada (IRCC), they retain the option to reapply for citizenship without any mandatory waiting period. However, it’s crucial for applicants to ensure that their subsequent application meets all necessary criteria and includes the requisite forms, documents, and application fee. IRCC emphasizes the importance of verifying eligibility before initiating the reapplication process.

Option 2: Request a Judicial Review

Alternatively, individuals facing a citizenship application refusal have the option to seek a judicial review from the Federal Court of Canada. This avenue involves a structured process and specific timelines.

Initiating the Judicial Review Process

Applicants have 30 days from the date indicated on the refusal letter to apply for a judicial review. It’s essential to note that this process is distinct from an appeal and follows a two-step approach.

Applying for Leave:

The initial step involves seeking permission, known as “leave,” from the Federal Court to have the matter heard. During this stage, the applicant must demonstrate to the court that their case raises either a serious or arguable issue with the potential for success. Success in this phase grants permission to proceed with the judicial review.

Proceeding with the Review:

If leave is granted, the Federal Court sets a hearing date and establishes relevant timelines for the case. This includes deadlines for filing arguments and conducting cross-examinations. However, if leave is denied, the application is dismissed, with no avenue for further appeal.

Despite the growing number of individuals obtaining Canadian citizenship in recent years, the possibility of application refusal remains. However, applicants faced with this situation can pursue either reapplication or a judicial review, providing avenues to address their status and potentially secure citizenship in Canada.